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Maybe you’ve seen them in Arcata. Maybe you’ve seen them in Fortuna. But this weekend will be your first chance to see them in Eureka. We’re talking about the Flynn Creek Circus, a circus company based out of Mendocino County that is bringing the big top to the Eureka waterfront for the first time ever this weekend. 

“We’re thrilled to be here,” Blaze Birge, co-owner of Flynn Creek Circus, told the Outpost while the crew was setting up the tent near Madaket Plaza Tuesday afternoon. “It’s such a beautiful location. It’s just beautiful on the water.” 

Blaze Birge chats with the Outpost

Born in 2002 in the tiny Mendocino town of Comptche, the Flynn Creek Circus has been touring around California and Oregon since 2014 under the leadership of Birge and her husband, David Jones. The theme of this year’s tour is “Desert Myth,” which Birge said centers around the plot of a nomad wandering through the desert and features most of the things you’d expect to find under a circus big top, including magic, acrobatics, contortionists and more. 

In addition to this being the first year that Flynn Creek Circus is appearing in Eureka, Birge said that the circus is welcoming some new acts this year, including from three different Ukrainian performers. 

One of those performers, Anastasiia Popsulys, a 19-year-old Ukrainian contortionist, is traveling with Flynn Creek Circus for her first time this year, and it is also her first time doing a tour in the U.S. Originally from Kharkiv, Popsulys moved to Kiev, where she studied at the Academy of Circus and Variety Arts for three years. 

With the situation worsening in Ukraine, Popsulys was forced to leave her home and managed to leave the country for Berlin just four days before war broke out. With her family still in Kharkiv, Popsulys said it has been difficult to be so far away, and that she feels worried for her loved ones. She tries to talk to family as much as possible, but it is not always easy when she is on the road. 

“This is hard to have family in Ukraine,” Popsulys told the Outpost during the circus set up near Madaket Plaza on Tuesday. “Everyday I’m thinking about them a lot.”  

Anastasiia Popsulys

While studying at the academy in Kiev, Popsulys met her boyfriend, Maxim Voronin, a magician who is also traveling with Flynn Creek Circus. Voronin’s father, Yevgeniy Voronin, is a world renowned magician and his mother was a contortionist, so Voronin grew up in the circus community. He began traveling the world with his parents when he was just three months old and has learned some of his skills from other famous magicians including Penn & Teller and David Copperfield. “The magic community is very small,” Voronin said. 

Veronin, who is now 20 years old, was actually born in San Francisco, though his family is from Ukraine and he has spent a lot of time there. Voronin has been performing for years, appearing on such big stages as the Magic Castle in Los Angeles, Teatro ZinZanni in Seattle and has opened his own show “History of Magic” in Ukraine. Voronin has really been enjoying working with the Flynn Creek Circus, he said, but it is also difficult for him, having many friends and performers he has worked with living in war-torn Ukraine. 

“It’s very difficult to help them from a distance and we’re doing our best, as much as we can in these hard times,” Voronin said. 

Maxim Voronin

Aside from being worried about their loved ones in Ukraine, Popsulys and Voronin both said that they’re having a great time touring with Flynn Creek Circus and are very excited to be in Eureka, which they said is “very beautiful.” Popsulys said probably her favorite part about being here is being near the ocean, which is a completely new experience for her. Popsulys had never seen the ocean until she came to California to join Flynn Creek and got her first look at the Pacific from the beautiful Mendocino coast. 

“I’m so excited being here and traveling a whole lot,” Popsulys told the Outpost. “I really like my work. I appreciate this time.” 

Birge said that she and the whole crew are pretty happy to be back on the North Coast, after traveling through California during a heat wave. The circus was just in Santa Rosa, where it was “boiling hot,” Birge said, and she is so relieved to be on Eureka’s waterfront, where it is much cooler. 

The main challenge of performing at this location, Birge said, has been getting the tent base into the very hard ground. But even though it took a little extra time and some elbow grease, the crew managed to get everything in place and the classic white and red striped big top is now fully upright in front of Humboldt Bay. Birge said that there is no separate setup crew for the circus and that the performers are also in charge of setting up and breaking down the contraptions.

“The show operates in a very Old World way,” Birge said. “The show is very contemporary, but the lifestyle [and] the business model is very ‘old circus.’” 

Flynn Creek Circus will be dazzling Eureka on Thursday, July 27 through Sunday, July 30. Most of the performances are meant for the whole family, but there are two “adults only” 21 and up shows on Friday and Saturday night. Visit this link for the full show schedule and to purchase tickets. You can also buy tickets at the ticket booth setup near the circus tent.

Press release from the Yurok Tribe:

With a heavy heart, the Yurok Tribe announces that salmon will not be served at the 59th Annual Klamath Salmon Festival because the Klamath River’s forecasted fish run is one of the lowest on record.

“This decision reflects our sacred responsibility to take care of the Klamath River’s fish stocks. In addition to not catching fish for the festival, we are not going to harvest any salmon this year to protect the overall fish population,” said Joseph L. James, the Chairman of the Yurok Tribe. “The festival is still happening and we are doing everything possible to make it the most memorable event yet. I encourage everyone to come out to support local vendors and have a good time with family and friends.”

The family-friendly event is happening on Saturday, August 19 on Klamath Boulevard in Klamath, CA. The 59th Annual Klamath Salmon Festival theme is “Celebrating Dam Removal and the Healing of the Klamath River.” This year’s festival includes the following components: cultural and basket-weaving demonstrations, a parade, Stick Game and Softball Tournaments, kids’ activities, Ney-puey 5k Run/Walk, an axe-throwing competition, a petting zoo, Rez Chopped, delicious food and quality gift items made by more than 100 local vendors and live music by Object Heavy. Object Heavy offers a unique fusion of vintage style hard hitting soul with modern funk and gospel influences. The Ney-puey 5k Run/Walk begins at 8:00am.

The Color Run/Fun Walk starts at 9:30am. The event proper starts at 10am with a parade down Klamath Boulevard in Klamath. The Abalone Grill and Redwood Casino open at 10am too. The Salmon Festival typically draws around 3,500 attendees. To date, 10 food vendors have signed up for the festival. The Tribe is seeking additional food vendors to ensure attendees are able to acquire lunch without having to wait too long in line.

Here is why there is no salmon at the event:

Chinook salmon runs are in decline on the Klamath River and throughout the West Coast. The precipitous downturn of the Klamath’s once prolific salmon population is linked to a combination of factors, including: dams, habitat loss, excessive water diversions, disease outbreaks, fish passage barriers on tributaries, water quality issues and environmental damage caused by past logging and mining operations.

Last week, the Yurok Tribe opted to cancel the 2023 subsistence and commercial fisheries as a conservation measure. Since 2015, the Tribe has closed the commercial fishery every year, except one, to preserve fish runs. During all but one of the last eight years, the Tribe’s extremely limited subsistence harvests also did not come close to satisfying the needs of the Yurok people. In many years, the subsistence quotas amounted to less than one fish per member of the Tribe. The extended closure has negatively affected the Tribe in multiple ways. Many Yurok families depend on the fishery to make ends meet and keep nutritious food on the table. The closest grocery store is a one to three-hour trip from the reservation’s population centers. There are less obvious impacts too, such as the loss of family time spent on the river participating in a traditional custom.

Despite the downturn of the s salmon runs, there is genuine cause for optimism. Construction crews are currently dismantling four dams on the Klamath River in what will be the largest salmon restoration project in world history. By the end of 2024, the Klamath will flow free for the first time in more than a century and salmon will have access to approximately 400 miles of previously blocked salmon spawning habitat. The Yurok Tribe’s Fisheries Department and Yurok Tribe Construction Corporation are involved in multiple aspects of the dam removal project.

In addition to dam removal, meaningful habitat restoration work is happening in the Klamath’s bigger tributaries, which serve as spawning grounds for adult salmon and nurseries for baby fish. For example, the Yurok Fisheries Department and Yurok Construction Corporation, along with the Trinity River Restoration Program and Hoopa Valley Tribe, are currently implementing a large-scale restoration project on the Trinity River, the Klamath’s largest tributary. Located in the footprint of a former mining operation, the collaborative restoration project will increase critical floodplain habitat during early juvenile salmon rearing by more than 50% within a 40-mile segment of the Trinity. More projects like the Oregon Gulch initiative are needed to bring the Klamath Basin back into balance.

*The Klamath Salmon Festival is a pet-free event.

Premiums for health insurance sold through the state marketplace will increase by nearly 10% next year, the highest rate hike since 2018, Covered California officials announced Tuesday.

The projected 9.6% hike is the result of a “complicated time for health care,” Covered California Executive Director Jessica Altman said during a media briefing, but many Californians will be shielded from the increases as a result of federal and state financial assistance.

About 90% of enrollees qualify for some type of federal or state financial aid and 20% will see no change in their monthly premium, officials said. About 1.6 million Californians turn to the marketplace for health insurance, which offers plans that cost as little as $10 a month.

The rate increase, however, represents the return of a troubling trend: runaway health care costs, experts said.

“We’re seeing even larger increases in the private market. It’s worrisome,” said Anthony Wright, executive director of Health Access California, a consumer advocate group. “Individual consumers need health coverage and they need help now.”

During the COVID-19 pandemic, an influx of $3 billion from the federal government helped dampen the effect of rising health care costs in California. Covered California premium increases held below 2% between 2020 and 2022.

The federal government extended assistance for two more years, but the 2024 increase reflects post-pandemic inflationary pressures, such as higher drug costs, more people going to see the doctor, labor shortages and wage costs, Altman said.

The rate hikes vary by region, with more than one-third of enrollees potentially experiencing a double-digit increase, according to state data. Those who live in Mono, Inyo and Imperial counties may see the largest price increase at 15.8% compared to last year. Those same counties also experienced the largest increase last year.

“We’re glad that Covered California has federal and state subsidies to provide immediate help now, but we do need policy makers to double down on containing the costs of health care long-term,” Wright said. “This is a clarion call for the overall cost of health care going forward.”

Covered California waives deductibles for many

Last week, the Covered California board voted to implement a plan that will make coverage more affordable for about 650,000 enrollees by eliminating their deductibles for the coming year.

The vote capped a drawn-out budget battle between Gov. Gavin Newsom, legislators and health care consumer advocates who have criticized Newsom for repeatedly moving money intended for health care subsidies into the state’s general fund.

Under the plan, deductibles will be eliminated for individuals earning as much as $33,975 annually and families earning up to $69,375 annually. Previously, people with those plans paid deductibles of up to $5,400. The new plan also significantly reduces out-of-pocket copays for doctor visits and prescription drugs.

“Despite the rate increase, Californians who enroll in health care coverage through Covered California will benefit from the greatest level of financial support ever offered…as we head into 2024,” Altman said.

‘Hefty’ health insurance increase

Christine Eibner, a senior economist with the RAND Corporation, a research and policy think tank, called the state’s projected premium increase “hefty.”

“There will be some sliver of people who will have to pay the full cost,” Eibner said. “A lot of people are protected so maybe they don’t care, but who is paying? Ultimately it’s the taxpayer.”

A significant number of people who are no longer eligible for Medi-Cal, the state’s public insurance program for very low-income individuals, also are expected to enroll in Covered California, which could drive future cost increases.

“That population is relatively expensive,” Eibner said. “People who are lower income have more health care issues, and bringing them into the market may lead to higher premiums.”

The state paused checking people for Medi-Cal eligibility during the federal COVID-19 public health emergency, but about 225,000 Californians have been kicked off since the state resumed monthly reviews this year. Covered California’s enrollment period runs from November through the end of January.

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Supported by the California Health Care Foundation (CHCF), which works to ensure that people have access to the care they need, when they need it, at a price they can afford. Visit www.chcf.org to learn more.

CalMatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.

On April 2, 2023, Edith (Jennings) Davis-Goodwin passed from this earth at the age of 105 years and two months with her daughters and the good people of Frye’s Care Home by her side.

Edith was born on February 7, 1918, on a dairy farm in the Kilchis River Valley in Tillamook, Oregon. She was the first born of six children to Cedric and Illa (Hart) Jennings whose family settled the Valley. Edith graduated from Tillamook High School in June of 1936, and in September of that year moved to Arcata, California to enroll at Humboldt State Normal College. Edith’s parents and siblings moved not long after to Fairhaven on Humboldt Bay. She liked to tell stories of rowing across the bay with her brothers to Eureka and the fog rolling in so thick they could not tell where they were going. Usually, her siblings took the ferry the Madaket to school in Eureka while she lived in Arcata during the week attending college. Sadly, her mother and her newborn sister died during childbirth. Edith attempted to move home to take care of her family, but her father insisted she remain in college. As a compromise, Edith took her youngest brother Dean to Arcata to live with her while attending college. Edith was able to graduate in 1942 with a BA in education and minors in art and music. She had so many happy memories of the lifelong friends she made at Humboldt.

On September 10, 1939, she married her college sweetheart Otho Davis. Edith and Otho resided in Arcata where he worked in lumber and eventually owned and operated D and M Lumber Company. Their first child, Stuart Kent was born in 1940, but died at birth. Before her passing, Edith was very happy to finally lay a stone on his grave in Arcata. In 1944, their second child Pamela was born, followed by Phyllis in 1947, David in 1950, and Margaret (Micki) in 1954. With the college and her family expanding, they moved from what later became “The Davis House” on the college campus to a Victorian on 14th Street that she personally restored room by room (“The Lady Ann.”)

In 1965 after the “64 Flood”, Edith sold their Victorian and moved three of her children to Truckee, California, where they joined Otho who had purchased a lumber mill in the area. At the time, Truckee was very rugged with long snowbound winters and there was a lot of adjusting to do, but she and her children loved the mountains. In 1969, Edith separated from Otho and moved with Micki to Grass Valley in the Sierra foothills where her brother Dean and his family lived. Edith loved the climate and always had a beautiful vegetable and flower garden. With the help of her daughter Pam, Edith renewed her teaching credentials and began teaching kindergarten near Grass Valley at Ready Springs School in Penn Valley. After daughter Micki graduated from high school, Edith returned home to Arcata and worked at Humboldt State University at the book store in the new student union building. Edith later worked nine years for the Senior Employment Agency as assistant to the director. In 1991, she became reacquainted with and married her college friend Edward “Kep” Goodwin until his passing in 1996.

Edith was very active in Eastern Star and Job’s Daughters in Arcata, Rainbow Girls in Truckee, White Shrine in Grass Valley, and the First Presbyterian Church in Arcata, Grass Valley, and Eureka. She enjoyed many years playing bridge with her friends, was a charter member of Baywood Golf and Country Club and an honorary member of the Ingomar Club. She had a beautiful voice and sang in high school, college, church, and friends’ weddings.

Edith was well known for her green thumb. She was an avid gardener all her life, and particularly loved growing roses. One of her joys was starting plants from seed, especially native plants. She belonged to numerous garden clubs including the Humboldt and American Rose societies, was a long-time member of the California Native Plant Society, and a charter member of the Humboldt Botanical Garden. After taking classes sponsored by the California Garden Club, she became a garden consultant and later earned her certificate as a Consulting Rosarian. Edith had over 100 well-loved roses; some having been transplanted by her family up to six times following her moves throughout the years. Edith and her beautiful roses received many awards at rose shows including the bronze medal from the American Rose Society for her contributions.

As a result of her childhood spent with her brothers roaming the hills of the Kilchis Valley, she was a lover of the outdoors. As an adult, Edith spent many happy hours hiking and backpacking in the Sierras, Trinity Alps, and Horse Mountain with family and friends searching for wildflowers. Being the adventurous type, she saved a dollar a day so she could travel. Her adventures led her to the British Isles, Ireland, the Caribbean, French Polynesia, Australia, Mexico, Alaska, and many other U.S states searching out the local plant life, both formal and natural.

Edith completed the last four years of her life at Frye’s Care Home where she was more than happy to advise the gardener on the proper care of their many roses. They treated mom like family, accepted her sage advice, and truly grieved her passing.

Edith was preceded in passing by her parents Cedric and Ila Jennings and sister Nancy Ann Jennings, brothers Richard, Robert, James, and Dean Jennings and sister Margaret Sharpless; her sons Stuart and David Davis, her husbands’ Otho Davis and Edward Goodwin. She is survived by her daughters Pam Cahill, Phyllis Davis, and Micki Davis (Mark Moore). She was the proud grandmother of 11 grandchildren: Pam’s Cathleen Cahill-Sandoval Strauss (Andrew), Christine Cahill-Disbrow (Bill), and Kevin Cahill (Christine); Phyllis’ Lance Bergman, Brian Bergman (Joy), Wesley Scoggins (Jennifer), and Jonathan Scoggins (Beth); David’s Jessica Cruz (Tony) and Malissa Cruz (Tom); Micki’s Jacob Mason-Davis (Nicole) and Lucas Davis-Thornton (Gretchen). These grandchildren graced Edith with 21 great grandchildren and one great-great grandchild.

Although we are grateful that she lived a very long, healthy life up to her last days, Mom/Grandma Edie will be greatly missed by her family and friends. Edith’s ashes will be laid to rest at Ocean View Cemetery followed by a celebration of life this Labor Day Weekend. Our family would like to thank the kind people of Frye’s Care Home, Hospice of Humboldt, and those who sent condolences to our family. Donations may be made in Edith’s name to Humboldt Botanical Garden, 7707 Tompkins Hill Rd, Eureka, CA 95503.

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Brooks Sibley
December 6, 1937-June 12, 2023

We honor the life and accomplishments of a truly remarkable man, Brooks Sibley. He was the best father and grandfather anyone could ask for. When one of his sons found his significant other, he gained a daughter and later a granddaughter. Whether it was going to every little league game or watching his children/granddaughter at their school events, he was always there for his loved ones. Brooks loved them greatly, and always shared how blessed he was to have them in his life. He made sure to always take time out of his busy schedule to spend with his friends/family and loved to share the experience of fishing with them.

Teaching and mentoring were also a passion of his. Before his children were born, he was a big brother at the Boys and Girls club and made deep bonds that turned into lifelong relationships. Brooks’ relationship with his little brother, Glenn Hamanaka, began in the 1980s. Their fishing expeditions served as the backdrop for transferring knowledge and passion, with Brooks teaching Glenn the intricacies of ocean navigation and fishing. Their shared experiences only deepened their bond and love for the sea. After teaching forestry at HSU for over 30 years, his impact on the lives of his many students is hard to measure. Taking trips to different states, his family would often run into one of his students who would be so excited to see him and tell him how he had made a difference in their lives.

His faith was of upmost importance to him. He participated in many events at Arcata First Baptist and went to church every Sunday. During his many years going there, he made many friendships and supported and loved the church and the people who were a part of it. He would spend time volunteering at the church when he could, and tending to the landscape at the church grounds was something he took great joy in doing.

It is difficult to put into words what fishing meant to him. He kept photos of himself fishing off the piers of San Francisco seventy-five years ago. It was something that he loved to share with everyone and take them out in his boats to enjoy the experience. Whether it was fishing off the piers with his children or granddaughter, or taking people out to fish in Humboldt Bay, he truly loved every minute of it. Later in life when he no longer had his boat, he would go out on charter boats. Brooks had a profound respect for the skippers of the boats and really enjoyed being a part of that community. He developed a close friendship with local charter captain Phil Glenn, and they enjoyed many fishing adventures.

Brooks was born and raised in San Francisco, being the only child of Ralph and May Brooks Sibley. (26th and Balboa!). His father, Ralph, served in A.E.F. during WWI in France. He was a heavy machine repairman for airplanes, jeeps, trucks, tanks, etc. His mother grew up in Quebec, Canada and attended McGill University for a five-year degree in health education. As a young boy, Brooks had the Golden Gate Park as his playground and rode his bike through the dunes of Ocean Beach. He attended local schools and volunteered for many years as a school crossing guard. He also worked through his Boy Scout badges. Brooks’ Uncle Layton taught him how to fish the piers of San Francisco, the bay, and local lakes. In 1956, Brooks graduated from George Washington High School as valedictorian. He was two years behind Doug Dixon who became his next-door neighbor in Sunnybrae for over 35 years.

To pay for his college career, Brooks worked summers at the Eel River CCC. Experiencing the forest combined with fishing, the rivers of Humboldt opened two lifetime passions – forestry and fishing. He soon transferred to HSU from the junior college in San Francisco. Brooks graduated from HSU in the first forestry class, being part of the team who put together The Forestry Club.

After HSU, Brooks went to work for a few years at the USFS out of Dunsmuir. Later, he returned to school for his master’s degree through Oregon State University. Brooks was then hired as an associate professor in the Natural Resources College at HSU. Around 1970, he took an academic sabbatical to procure a PhD at Ann Arbor, Michigan.

Brooks loved teaching and working with students on their career path as a freshman advisor. Whether in the field or in the lab testing fuels on his custom “burn” table, he delighted in sharing his expertise. A quote hung in his office for decades surmised his philosophy, “Give a man a fish, he eats for a day. Teach a man to fish, he eats for a lifetime.”

He started his passion of fishing at an early age. From the waterways of San Francisco up the west coast to Neah Bay, Washington, he casted his line or lowered his downrigger. Many friends and family members were able to share his joy over the seventy-plus years he fished. He was the companion of two dogs and two cats and loved each one. Over his lifetime he had the privilege to take care of and live his life with many different pets. He had a fondness in his heart for the local animal shelters and the work anyone does to benefit animals in need.

An enduring bond of understanding and shared history linked him with his former wife, Anita. She showed unwavering support and compassion during his final days. Equally pivotal was his daughter-in-law- Van, who epitomized love and care. She brought Brooks home and diligently worked to ensure his comfort, becoming a bedrock of support for the family during the most difficult time.

At Brooks’ request, his great friends Phil Glenn, Tom Throssel, and Glenn Hamanaka were with his immediate family and spread his ashes just west of Buhne Point via the Blue Fin. Brooks is survived by his sons Edward and Garrett (Van) and his granddaughter Katie. He will be missed by his many friends in Humboldt County and anywhere else they may be.

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Susan peacefully left this life to be with her Lord and Savior on June 21, 2023 at the age of 71, in Eureka.

She was born Susan Ann Thompson on June 14, 1952 to Kenneth Owen Thompson and Francis Jane (Carter) Thompson in Bloomington, Illinois. She married Charles Shoemaker and moved to California. Then they began their family with the birth of their first son, Christopher. Three years later, they had their second son, Kyle.

When she and Charlie divorced, she raised her sons with selfless dedication, making sure they were loved, clean, fed, educated and well taken care of. She was very proud of both her sons. They were the love of her life and considers having raised them the most successful thing she did in this earthly life.

She is thankful to Kyle and Kendra for giving her a granddaughter, Aria. The depths of her love in being Aria’s grandmother cannot be described.

Susan accepted the Lord as her Savior and her close relationship with Jesus was evident throughout her life. Susan was a member of First Covenant Church-Eureka.

She especially enjoyed helping in the kitchen with church events, attending Bible Study Classes and the Weekend Women’s Retreat each year. Susan loved the beach and enjoyed going on picnics whenever possible.

Susan was very giving of her time and was happiest when she could make a meal or bake for anyone in need! She was a great cook and many people enjoyed her Chocolate Chip Cookies and her Pumpkin Bread as well as her many other baked goods!

Susan was a compassionate caregiver and spent many hours taking care of others. She especially enjoyed spending time with Betty Shoemaker before she passed.

She dearly loved her family, friends and her cat, Mowgli. Susan was preceded in death by her father Kenneth Owen Thompson, mother Francis Jane Marshall, step-father Paul Marshall; her infant daughter, Sonya Lynn, nephews: Ronald Salvator Jr, James Christian Salvator and niece Heather Shoemaker.

She leaves behind her sons Christopher Shoemaker, Kyle (Kendra) Shoemaker, granddaughter Aria Mae Shoemaker. Sisters: Margaret Pascoe and her children Theresa and Bobby, Betty Powell and her son Kenneth Paul, Frances (Michael) Shoemaker and their son Paul (Katie) Shoemaker and Paul’s children Noah, Hania, Gideon. And many other extended nieces and nephews.

There will be a celebration of life Saturday, August 12, 2023 at First Covenant Church, 2526 “J” St. Eureka at noon. Reception to follow.

Isaiah 40:31

but those who hope in the Lord
will renew their strength.
They will soar on wings like eagles;
they will run and not grow weary,
they will walk and not be faint.

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The National Labor Relations Board has ordered Arcata Theatre Lounge to offer a bartender her job back, plus back wages and interest, for violating federal labor law by firing her for complaining about the company’s tipping policy.

According to the decision, which was enforced by the Ninth Circuit Court of Appeals earlier this month, former ATL employee Rebecca Maynard was engaged in legally protected activity when she complained to her coworkers and bosses about the company’s “tightly controlled tipping policy.”

From her very first day on the job, in late August 2021, Maynard objected to the fact that bartenders’ cash tips got pulled out of a communal tip jar at the end of each shift to be tallied up and distributed later via employee paychecks. She talked to her coworkers and bosses and eventually consulted with an attorney about the practice, and when word got back to her bosses they promptly terminated her.

A section of the company handbook addressing the tipping policy says, “All employees have the right to be present when tips are counted.”

By firing her for “insubordination,” the business committed an unfair labor practice, interfering with Maynard’s right to unionize/organize with coworkers, the Labor Board’s ruling says.

The case was tried this past November before an administrative law judge, who interviewed Maynard and others, including Arcata Theatre Lounge owner Timothy Overturf and several of his employees.

According to the testimony given at this hearing, Maynard was roommates with another ATL employee, a security guard who was promoted to a supervisory position shortly before Maynard was fired. This roommate testified that he overheard Maynard talking to an attorney about the ATL’s tipping policy and reported that fact to his bosses.

When Overturf fired Maynard on October 7, 2021, he told her it was for insubordination.

“He also told Maynard that her talking about wages brought down morale and that amounted to insubordination,” the Labor Board ruling says, citing Maynard’s own “uncontradicted testimony.”

Later that night, Maynard texted General Manager Monica Munoz:

I guess I really feel bummed that I was terminated for questioning the tip pooling policy. I don’t think I was being cruel or malicious. I was just trying to figure it all out as the tip pooling at Arcata Theatre Lounge didn’t make sense … to me. That’s all. Best to you. Anyhow, I can accept your decision.

Four days later, Munoz texted Maynard back, telling her that she was actually fired for other reasons, such as “saying inappropriate things in the workplace,” repeatedly calling coworkers “explicit names,” painting while on the clock and often showing up late for shifts.

However, Munoz then offered a defense of the company’s “voluntary tip pools” and told Maynard, “You had every chance to come to me and talk to me about any questions you had about pay or tips and did not make any effort for clarification yet went to multiple workers to complain.”

During the administrative law hearing, Overturf and several of his employees testified that Maynard was fired for reasons beyond the tipping policy complaints, but Judge Gerald Etchingham didn’t buy it. 

“Some of the allegations were vague and others lacked substance,” he ruled. Nothing in the record supported the allegation that Maynard showed up late for shifts. Etchingham found the testimony of the ATL’s head of security “unreliable” and described him as “quite flippant” and “not serious about providing reliable testimony.”

In the end, Etchingham concluded that these other “supposed improprieties” were mere pretexts for firing Maynard.

“The important thing about all of these alleged improprieties is this: Monica [Munoz] admitted that she, who was the General Manager … and the official in charge of issuing written warnings, never issued any written warnings to Maynard about these alleged improprieties,” the ruling says.

The evidence “overwhelmingly supports” the conclusions that Maynard was fired for complaining about the tipping policy, he adds.

“By discharging employee Rebecca Maynard on October 7, 2021, because of her protected concerted activities, [the Arcata Theatre Lounge] violated Section 8(a)(1) of the [National Labor Relations] Act and committed an unfair labor practice within the meaning of the Act,” the ruling concludes.

As a remedy, the ATL has been ordered to perform multiple tasks, including:

• offer Maynard her former job or a “substantially equivalent position,”
• make Maynard whole for any loss of earnings and other benefits she suffered as a result of being fired,
• compensate Maynard for any adverse tax consequences of receiving a “lump-sum backpay award,” and
• post a notice to employees informing them that the business violated Federal labor law, giving them the facts of the case and advising them of their own labor rights. 

The Outpost was unable to track down Maynard for comment, so we don’t know if she plans to take her old job back. We tried to reach Overturf but the number for the business listed on line was not functioning earlier today, and he did not immediately respond to an email and Facebook message.

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DOCUMENTS:

• Administrative Law Judge’s Decision
• Circuit Court Judgement